Law Related Sample Content
A train hits a car somewhere in The United States approximately once every 3 hours, according to Operation Lifesaver, an organization committed to decreasing the number of injuries and deaths around railroad tracks/crossings. Moving freight by train persists as one of the most effective and most-used ways of moving freight around the USA. The United States Department of Transportation demands continued growth over the next several years in the use of train networks for the transportation of goods and people.
There are more than 250,000 crossings throughout the U., and over 96% of all train accidents happen at these crossings. Almost 1/4 of these crossings are unprotected, they do not have flashing lights or swing-arm gates at the intersections to alert motorists of an oncoming train.
After a collision as possibly catastrophic as a train wreck, it is reasonable to question who or possibly what might have been the reason for the accident, and where legal liability rests.
Liability of the Railroad Company Operating the Train
Just like any person/company who operates a vehicle on a highway, the railroad also has a responsibility to operate its trains in a secure and careful manner. These duties refer to a number of "categories" of railroad operations. A violation of any of those duties may create negligence and result in an accident with a vehicle.
A railroad’s duties may include:
-Proper training of people operating the train
-Ensuring that the train crew is not fatigued, or under the influence of any drugs/alcohol
-Making sure that the train’s crew correctly sounds the train’s warning whistle/horn as it approaches
-Ensuring that the train is going within the speed limit and
correctly maintaining locomotives and rolling stock.
Liability of the Railroad Company that Owns the Track
Trains don't just travel on tracks controlled by their parent railway company, but frequently on railway lines controlled by other railroad companies. As a result, if a vehicle to train collision happens at a railroad crossing, the company that manages the train may not be the same company responsible for other safety features at the crossing.
A railroad that controls a track line doesn’t own only the narrow strip of land on which the track sits on. The company also owns a width of land on either side of the track. Concerning crossings, this ownership inflicts many duties that can frequently affect the overall security or safety of a railroad crossing.
These duties include:
-Proper maintenance and installation of lights and gates at appropriate crossings
-Generally ensuring that approaching motorists to have clear lines of sights at crossings by removing obstructing objects
Liability of the Train Designer or Manufacturer
Depending on the conditions of the vehicle-train accident, the reason for the accident may be associated with the design of the train or components on the different cars. Many electrical and mechanical systems play essential roles in the amount of safety given around trains.
-Warning whistles, bells, and horns
-Flashing headlights and warning lights
-Brake systems on locomotives and freight cars
If any of those systems, or particular components of those operations, was inadequately designed or created, the company that produced or created the faulty component may be liable for injuries arising out of a crossing mishap.
Liability of the Local County or City
In unique circumstances, the condition of the vehicle roadbed through the crossing may play an important role in creating a collision with a train. Depending on the area of the crossing, the design, liability for construction or maintenance of the train roadbed could fall to the county or local municipality. If the roadbed was poorly created or maintained, it is probable that the county or city may be legally responsible for any injuries endured at a railroad crossing accident.
Liability of the Automobile Driver
Finally, we cannot overlook that choices made by the operator of the automobile oftentimes play a role in accidents with trains. Drivers may try to drive around crossing gates, assuming that enough time is available to cross the tracks before the train comes. If you are a passenger in a car that is included in an accident with a train at a crossing, the operator of your vehicle may also be legally responsible for your injuries depending on the circumstances of your particular accident.
For many skilled motorcycle riders, safety is a "first priority". Most bikers understand that riding a motorcycle is more hazardous than operating a car. When motorcycle collisions do occur, the results can be very critical. The federal government stated, per mile traveled in 2006, there were 35 times extra deaths from motorcycle collisions than from car collisions. Emergency room staff often associate motorcycles as "donor mobiles."
The best way to prevent becoming the next motorcycle accident statistic is to pay attention to safety. Numerous motorcycle collisions can be prevented by consistent attention and education about the safest way to ride a motorcycle. Here are some of the most essential safety tips to keep you riding on the road for years to come.
1. Wear a helmet.
Evidence implies that wearing a motorcycle helmet greatly lessens the frequency of head injuries in accidents. The National Highway Traffic Safety Administration states, for every 100 motorcyclists killed in a crash while not wearing a helmet, 37 would have survived if they had been doing so. That doesn't even count the substantial decrease in non-fatal injuries produced by helmets. Make sure your helmet fits Department of Transportation standards and have one ready for passengers. Keep in mind that in several states it's illegal to ride without a helmet.
2. Get a motorcycle license.
Most states require that bikers get a motorcycle license in order for them to ride on the roadways. Typically, riders must pass a knowledge test and a skills test. Some states expect bikers to also take a motorcycle safety class. Going through these hoops pays off when it comes to road safety. In 2001, more than one-quarter of all motorcyclists killed in accidents did not have a motorcycle license.
3. Get professional training.
Motorcycle riders who are educated or trained by friends account for more than 90 percent of bikers in motorcycle accidents. Getting professional instruction in motorcycle riding might just save your life.
4. Don't drink and ride.
About 50% of the collisions concerning a single motorcycle are produced by speeding or alcohol use, usually, these go "hand in hand". Not only is it against the law to drink and ride a motorcycle, it's also very dangerous.
5. Wear protective clothing.
Protect yourself by using goggles or sunglasses, a jacket, full- fingered gloves, long pants, and boots (without wear). Your clothes should be made of a abrasion-resistant material, (for example leather), and fit tight to the body. Loose apparel can reduce your vision. Choose bright colors so that other riders can recognize you.
6. Maintain your bike.
Making sure your motorcycle is in great running condition is of the highest importance to safety. Don't limit your maintenance to the engine and brakes or normal things. Regularly check your tires (and tire pressure), headlamps, turn signals and other gear that you wouldn't usually check.
7. Don't share lanes.
Cars don't anticipate sharing a lane with other types of vehicles. Drivers tend to watch for cars in different lanes and usually won't see a motorcycle sharing a lane with them. Motorists might make a fast lane change or stray to one side, with severe consequences to the motorcycle rider.
8. Know your skill level.
Know your abilities, and ride respectively. Riding on the road is not the time to experiment with your expertise or to exceed your skill level.
9. Learn about the common causes of motorcycle accidents.
Knowledge is your buddy. Learn about most general conditions that lead to motorcycle collisions. Think of ways you could evade those circumstances, take note when those conditions might occur, and when you are in those circumstances, take extra caution.
10. Avoid road hazards.
Road hazards, including debris in the road or slippery conditions, are more severe for motorcycles than for automobiles and can lead to critical injuries. Some situations that are hazardous to bikers are not readily known. Take the time to educate yourself about the many road hazards and learn how to control your bike carefully and safely when presented with those hazards.
If you are in a motorcycle collision and wish to obtain compensation for your injuries or other losses, think about consulting with a lawyer for information or representation.
Workers' compensation laws differ widely from state to state. The rights of an injured worker vary widely as well, as do the various legal procedures that assure those rights.
Usually, however, there are plenty of legal rights that are standard across most states:
1. You have the right to file a claim for your injury or illness in workers compensation court or the state industrial court
2. You have the legal right to see a doctor and to get medical treatment
if you are released back to work by your physician, you have the right to return to your job
3. If you are not able to go back to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation
4. If you dont agree with any decision by your employer, the employer’s insurance company, or the workers' compensation court, you usually have the right to appeal that decision.
5. You have the right to be represented by a lawyer throughout the process.
In knowing your rights to act, as an employee, it is just as important to understand you have the legal right to refuse certain requests/offers. This, in summary, means that you have the right to say, “no.”
And if your boss proposes some kind of incentive in an effort to persuade you against filling out a workers compensation claim, this is against the law. You have every right to say, “no.”
The laws in each state present that you can proceed in a workers' compensation claim without fear or harassment from your company or employer. If your employer makes it challenging for you to exercise these rights smoothly, the penalties inflicted upon the employer can be quite harsh. It is against the law for your boss to harass you at work or contrarily make it tough for you to do your job if your filing of a workers compensation claim is the reason for that behavior.
What Are My Rights Against Parties Other Than My Employer?
Sometimes your on-the-job injury might have been produced by the neglect of a third party. Depending on the conditions, this other entity may be a manufacturer of a defective piece of machinery or maybe the operator of a delivery truck. If you are harmed while at work due to the carelessness of another individual, you could have the right to make a claim against that person (or entity). These are identified as “third-party claims.” Usually, these claims are not recorded in the workers' compensation world. Typically, they take the form of civil lawsuits and are filed in state courts or federal courts.
Civil lawsuits for "work-related injuries" can typically seek added personal injury damages that are not (recoverable) in a workers' compensation claim. For instance, the advantages you receive in a workers' compensation claim are intended to compensate you for your medical costs and lost earnings. You are typically not permitted to seek compensation for pain/suffering. In a third-party claim, you are ordinarily allowed to seek compensation for pain and suffering, which is in a category of "non-economic" damages.